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Savings Bank Life Insurance v. Wollin & Madick Insurance

Citations: 810 F. Supp. 2d 401; 2011 U.S. Dist. LEXIS 105038; 2011 WL 4336709Docket: Civil Action 11-11366-NMG

Court: District Court, D. Massachusetts; September 14, 2011; Federal District Court

Narrative Opinion Summary

In this case, The Savings Bank Life Insurance Company of Massachusetts (SBLI) brought a lawsuit against Wollin and Madick Insurance Services, LLC (WMIS) and Kenneth Madick, alleging four counts of breach of contract. Initially filed in the Middlesex County Superior Court, the defendants removed the case to the United States District Court for the District of Massachusetts, citing federal question jurisdiction. SBLI sought to remand the matter back to state court, arguing the removal was untimely and highlighting an unambiguous forum selection clause that precluded federal jurisdiction. Additionally, SBLI requested sanctions against the defendants for what it described as a frivolous removal. The court granted the motion to remand the case to state court, as the defendants did not oppose it. However, the court denied the sanctions request due to procedural deficiencies, specifically because the request was included within the remand motion and failed to adhere to the requirement under Rule 11 for a separate motion. Consequently, the case was remanded to state court without sanctions imposed on the defendants.

Legal Issues Addressed

Breach of Contract Claims

Application: The plaintiff alleged breach of contract against the defendants, initiating the lawsuit in state court.

Reasoning: The Savings Bank Life Insurance Company of Massachusetts (SBLI) initiated a lawsuit against Wollin and Madick Insurance Services, LLC (WMIS) and Kenneth Madick, alleging breach of contract across four counts.

Forum Selection Clause

Application: The plaintiff argued for remand based on an unambiguous forum selection clause that favored state court jurisdiction.

Reasoning: SBLI filed a motion to remand the case back to state court, arguing that the removal was untimely and requesting sanctions for what it termed a 'frivolous removal,' particularly highlighting an unambiguous forum selection clause.

Remand to State Court

Application: The court granted the motion to remand the case back to state court, as the defendants did not contest the motion.

Reasoning: The Court ruled in favor of remanding the case to state court but denied the request for sanctions.

Removal to Federal Court on Federal Question Grounds

Application: The defendants removed the case to federal court citing federal question jurisdiction.

Reasoning: The case, originally filed in the Middlesex County Superior Court, was removed to the United States District Court for the District of Massachusetts by the defendants on federal question grounds.

Sanctions under Rule 11

Application: The plaintiff's request for sanctions was denied due to procedural non-compliance with Rule 11, which requires a separate motion for sanctions.

Reasoning: The denial was based on the procedural failure of the plaintiff's request, which was included in the remand motion and did not comply with the separate motion requirement for sanctions under Rule 11.